Hunter v. Darngavil Coal Co., Ltd [1900] ScotLR 38_6 (23 October 1900)
Where there is a plea in bar based on acceptance of compensation under statute, and the averments present a strong prima facie case, the court must determine that issue first before proceeding to the merits.
- Citation
- [1900] ScotLR 38_6
- Parties
- Pursuer: William Hunter; Defender: Darngavil Coal Company, Limited
- Jurisdiction
- Scotland
- Judgment Date
- 23 October 1900
- Procedural Posture
- Action of Damages / Interlocutory Appeal on Preliminary Defence
- Outcome
- interlocutor of Lord Ordinary recalled; cause remitted for proof on plea of bar
- Legal Topics
- Workmen's Compensation, Bar to Action, Settlement and Discharge, Proof of Preliminary Defence
Case Brief
Summary, issues, holding and outcome
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Parties
William Hunter
Pursuer
Darngavil Coal Company, Limited
Defender
Procedural Posture
Action of Damages / Interlocutory Appeal on Preliminary Defence
Legal Issues
- 1 Whether acceptance of compensation under the Workmen's Compensation Act 1897 bars a common law damages claim
- 2 Whether the plea of bar should be determined before the merits of the action
Ratio Decidendi
Where there is a plea in bar based on acceptance of compensation under statute, and the averments present a strong prima facie case, the court must determine that issue first before proceeding to the merits.
Court Disposition
interlocutor of Lord Ordinary recalled; cause remitted for proof on plea of bar
Orders
- Proof to be taken on the averments in support of the defenders' second plea-in-law and the pursuer's answers thereto before proceeding to the merits.
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